UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning

Zharama Llarena

doi:doi:10.11648/j.ijls.20220504.15

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UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning

Zharama Llarena

Published in International Journal of Law and Society (Volume 5, Issue 4)

Received: 4 November 2022 Accepted: 17 November 2022 Published: 29 November 2022

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Abstract

Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.

Published in	International Journal of Law and Society (Volume 5, Issue 4)
DOI	10.11648/j.ijls.20220504.15
Page(s)	378-386
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Corporate Governance, Corporate Social Responsibility, Tax Aggressiveness, Tax Avoidance, Tax Evasion, Travaux Preparatoires

References

[1]	Widiatmoko, J. (2020). Corporate Governance Mechanism and Corporate Social Responsibility on Firm Value. Relevance: Journal of Management and Business, 3 (1).
[2]	Huynh, Q. L. (2020). A Triple of Corporate Governance, Social Responsibility and Earnings Management. Journal of Asian Finance, Economics and Business, 7 (3).
[3]	G. M. Gouda, G. M., & Sharma, R. (2018) A Study of Corporate Governance and Social Responsibility. International Journal of Advance Research and Innovative Ideas in Education, 4 (1).
[4]	Gottschalk, P. (2020). Convenience in white-collar crime: a case study of corruption among friends in Norway. Criminal Justice Studies, 33 (4).
[5]	Mulinari, S., Davis, C. & Ozieranski, P. (2021). Failure of Responsive Regulation? Pharmnaceutical Marketing, Corporate Impression Management and Off-Label Promotion of Enzalutamide in Europe. Journal of White Collar and Corporate Crime, 2 (2).
[6]	Handayani, R. (2019). Analysis of Corporate Social Responsibility and Good Corporate Governance to Tax Aggressiveness,” International Journal of Academic Research in Accounting, Finance and Management Sciences, 9 (3).
[7]	Salhi, B., Al Jabr, J., & Jarboui, A. (2020). A Comparison of Corporate Governance and Tax Avoidance of UK and Japanese Firms,” Comparative Economic Research, 23 (3).
[8]	Hidy, K. M., & Diener, K. W. (2020) Damages under CISG: Attorneys’ Fees and other Losses in International Commercial Law. Journal of Transnational Law and Policy, 29 (1).
[9]	Hoellering, M. F. (1986). The UNCITRAL Model Law on International Commercial Arbitration. Vol. 20 (1), The International Lawyer, 20 (1).
[10]	Ventose, E. (2009). Patent Protection for Second and Further Medical Uses Under the European Patent Convention. SCRIPTed, 6 (1).
[11]	O’Keefe, R. (2010) Protection of Cultural Property under International Criminal Law. Melbourne Journal of International Law, 11 (2).
[12]	Mantilla-Serrano, F., & Adam, J. (2008). UNCITRAL Model Law: Missed Opportunities for Enhanced Uniformity. UNSW Law Journal, 31 (1).
[13]	Braithwaite, J. (1984). CORPORATE CRIME in the pharmaceutical Industry. Routledge & Kegan Paul.
[14]	Obaretin, O. & Ogbeide, S. O. (2018). Corporate Governance Mechanisms and Tax Aggressiveness of Listed Firms in Nigeria. Amity Journal of Corporate Governance, 3 (1).
[15]	Dias, A., Rodrigues, L., & Craig, R. (2017). Corporate Governance Effects on Social Responsibility Disclosures. Australasian Accounting, Business and Finance Journal, 11 (2).
[16]	Sanson, M. (2016). Statutory Interpretation. Oxford University Press.

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APA Style

Zharama Llarena. (2022). UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning. International Journal of Law and Society, 5(4), 378-386. https://doi.org/10.11648/j.ijls.20220504.15

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ACS Style

Zharama Llarena. UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning. Int. J. Law Soc. 2022, 5(4), 378-386. doi: 10.11648/j.ijls.20220504.15

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AMA Style

Zharama Llarena. UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning. Int J Law Soc. 2022;5(4):378-386. doi: 10.11648/j.ijls.20220504.15

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@article{10.11648/j.ijls.20220504.15,
  author = {Zharama Llarena},
  title = {UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {378-386},
  doi = {10.11648/j.ijls.20220504.15},
  url = {https://doi.org/10.11648/j.ijls.20220504.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.15},
  abstract = {Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.},
 year = {2022}
}

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TY  - JOUR
T1  - UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning
AU  - Zharama Llarena
Y1  - 2022/11/29
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220504.15
DO  - 10.11648/j.ijls.20220504.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 378
EP  - 386
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.15
AB  - Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.
VL  - 5
IS  - 4
ER  -

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Author Information

Zharama Llarena

Faculty of Media and Communication, Bournemouth University, Poole, United Kingdom

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Plain Text BibTeX RIS

APA Style

Zharama Llarena. (2022). UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning. International Journal of Law and Society, 5(4), 378-386. https://doi.org/10.11648/j.ijls.20220504.15

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ACS Style

Zharama Llarena. UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning. Int. J. Law Soc. 2022, 5(4), 378-386. doi: 10.11648/j.ijls.20220504.15

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AMA Style

Zharama Llarena. UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning. Int J Law Soc. 2022;5(4):378-386. doi: 10.11648/j.ijls.20220504.15

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@article{10.11648/j.ijls.20220504.15,
  author = {Zharama Llarena},
  title = {UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {378-386},
  doi = {10.11648/j.ijls.20220504.15},
  url = {https://doi.org/10.11648/j.ijls.20220504.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.15},
  abstract = {Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires Using Political Expedience of Tax Planning
AU  - Zharama Llarena
Y1  - 2022/11/29
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220504.15
DO  - 10.11648/j.ijls.20220504.15
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 378
EP  - 386
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.15
AB  - Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.
VL  - 5
IS  - 4
ER  -

Copy | Download